SB19-071 Summary

• Expands admissibility of out-of-court statements made by children under 13 years old (or under 15 if "child" is undefined in the relevant statute) in criminal, delinquency, and civil proceedings where the child is a victim or witness.

• Allows statements describing sexual offenses, child abuse, or domestic violence to be admitted as evidence even if they would normally be excluded as hearsay, provided the court finds sufficient reliability safeguards at a pretrial hearing.

• Requires either the child to testify at proceedings or, if unavailable, that corroborative evidence exists supporting the statement before it may be admitted.

• Mandates jury instructions that explain the evidence consists of a child's out-of-court statement and that jurors must consider the child's age, maturity, and the statement's circumstances when determining credibility.

• Takes effect July 1, 2019, and applies to all proceedings occurring on or after that date.